In order to promote the orderly and proper development of the seat of government of the United States, the Mayor of the District of Columbia may acquire, in the public interest, by gift, dedication, exchange, purchase, or condemnation, fee simple title to land or rights in, or on land, or easements or restrictions therein, within the District, for public uses, works, and improvements authorized by Congress, in excess of that actually needed for and essential to their usefulness, in order to preserve the view, appearance, light, and air and to enhance their usefulness to prevent the use of private property adjacent to them in such a manner as to impair the public benefit derived from the construction thereof, or to prevent inequities or hardship to the owners of adjacent private property by depriving them of the beneficial use of their property.
(Dec. 23, 1963, 77 Stat. 575, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(8); Apr. 30, 1988, D.C. Law 7- 104, § 4(j), 35 DCR 147.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1331.
1973 Ed., § 16-1331.
Legislative History of Laws
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 16-1311.
(a) The Mayor of the District of Columbia may, with the consent of the Council in accordance with section 10-801, upon completion of public improvements:
(1) subdivide, and sell, at public or private sale, or exchange, any excess real property acquired pursuant to this subchapter; and
(2) to carry out such purposes, convey any property acquired in excess of that actually needed and which is not essential to the usefulness of the public works --
with such reservations concerning the future use and occupation of the property as, in the Mayor's discretion, may be necessary to protect the public improvements.
(b) Property sold under this section shall be sold at not less than the fair market value at the time sold, as determined by appraisement of the assessor of the District of Columbia.
(c) Moneys received from sales or transfers of properties pursuant to this subchapter shall be covered into the Treasury of the United States to the credit of the revenues of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 575, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(9); Apr. 30, 1988, D.C. Law 7- 104, § 4(k), 35 DCR 147; Mar. 15, 1990, D.C. Law 8-96, § 6, 37 DCR 795; Mar. 24, 1998, D.C. Law 12-81, § 10(q), 45 DCR 745.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1332.
1973 Ed., § 16-1332.
Legislative History of Laws
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 16-1311.
Law 8-96, the "Disposal of District Owned Surplus Real Property Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-302, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 21, 1989, and December 19, 1989, respectively. Approved without the signature of the Mayor on January 18, 1990, it was assigned Act No. 8-148 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 12-81, see Historical and Statutory Notes following § 16-1321.
Miscellaneous Notes
Disposal of surplus real property: Section 2 of D.C. Law 8-96 provided that for the purposes of this act, the term "real property" means land titled in the name of the District of Columbia ("District") or in which the District has a controlling interest and includes all structures of a permanent character erected thereon or affixed thereto, any natural resources located thereon or thereunder, all riparian rights attached thereto, or any air space located above or below the property or any street or alley under the jurisdiction of the Mayor.
When excess real property is to be sold pursuant to section 16-1332, notice of not less than twenty days before the sale shall be published in a daily newspaper published in the District of Columbia, and notice shall be sent before the sale, by registered mail or by certified mail, to the last-known address of the persons listed on the records of the assessor of the District as the owners of the property abutting on the property to be sold.
(Dec. 23, 1963, 77 Stat. 576, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1333.
1973 Ed., § 16-1333.
When the authorities of the District of Columbia having jurisdiction of real property, rights, or easements acquired pursuant to this subchapter, elect to retain any of them for the use of the District, they may use the property, rights or easements for park, playground, highway, or alley purposes, or for any other lawful purpose that they deem advantageous or in the public interest.
(Dec. 23, 1963, 77 Stat. 576, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(10).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1334.
1973 Ed., § 16-1334.
When real property is purchased pursuant to this subchapter in excess of that needed for a particular project or improvement, appropriations available for the payment of the purchase price, costs, and expenses incident to the project or improvement may be used in the payment of the purchase price, costs, and expenses of excess real property purchased in connection with the project or improvement, as provided by this subchapter.
(Dec. 23, 1963, 77 Stat. 576, Pub. L. 88-241, § 1.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1335.
1973 Ed., § 16-1335.
(a) When, pursuant to this subchapter, excess real property is condemned by the Mayor, the condemnation proceedings for the acquisition of the property shall be in accordance with subchapter II of this chapter.
(b) Appropriations available for the payment of awards, damages, and condemnation proceedings pursuant to subchapter II of this chapter may be used in the payment of awards, damages, and costs in condemnation proceedings for the acquisition of excess real property, as provided by this subchapter.
(c) Appropriations available for the payment of awards, damages, and costs in condemnation proceedings pursuant to subchapter II of this chapter may be used in the payment of awards, damages, and costs in condemnation proceedings thereunder for the acquisition of excess real property as provided by this subchapter.
(d) In all cases where excess real property is condemned, assessments for benefits may not be levied by the jury in respect to the acquisition of the property.
(Dec. 23, 1963, 77 Stat. 576, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(7); Mar. 10, 1983, D.C. Law 4- 201, § 502, 30 DCR 148; Apr. 30, 1988, D.C. Law 7-104, § 4(l), 35 DCR 147; Feb. 5, 1994, D.C. Law 10-68, § 20(a), 40 DCR 6311.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1336.
1973 Ed., § 16-1336.
Legislative History of Laws
For legislative history of D.C. Law 4-201, see Historical and Statutory Notes following § 16-1311.
For legislative history of D.C. Law 7-104, see Historical and Statutory Notes following § 16-1311.
D.C. Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.
Editor's Notes
Section 4(l)(3)-(6) of D.C. Law 7-104 purported to substitute "7-213" for "7- 214" [1981 Ed.], and "7-214" for "7-215" [1981 Ed.] in subsection (a), "7-322" for "7-323" [1981 Ed.] in subsections (a) and (c), and "7-301" for "7301" [1981 Ed.] in subsection (c), apparently without regard to the amendment to this section by D.C. Law 4-201.
The reference in subsection (b) to "sections referred to by subsection (a)" has been rendered obsolete by amendments made in D.C. Law 4-201.
This subchapter does not repeal any provisions of existing law pertaining to the condemnation or acquisition of streets, alleys, or land, or the law or laws relating to the subdividing of lands in the District of Columbia.
(Dec. 23, 1963, 77 Stat. 577, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 558, Pub. L. 91-358, title I, § 145(f)(11).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 16-1337.
1973 Ed., § 16-1337.
